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· 7/22/1879

Townsend v. Libbey

Citations

  • 70 Me. 162
  • 1879 Me. LEXIS 137

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the delegates to the 1875 constitution refused to define the term \retrospective\ because the term already had an accepted meaning
  • noting that the delegates to the 1875 constitution refused to define the term “retrospective” because the term already had an accepted meaning
  • explaining that if a law relates to civil rights or remedies, then a court must determine whether the law is invalid because it is retrospective in its operation, where if a criminal law is at issue, then the prohibition against ex post facto laws applies
  • describing the test for determining whether a law is civil or criminal in nature
  • noting “the phrase ‘ex post facto law’ applies exclusively to criminal laws”
  • “[T]he implicit.nature of a sub silentio holding has no stare decisis effect and is not binding on future decisions of this Court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Appleton, Barrows, Danforth, Libbey, Symonds, Walton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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